This solution will be put up for a vote of NAR’s Multiple Listing Issues and Policies (MLIP) Committee in November. The MLIP Committee makes MLS policy recommendations to NAR’s Executive Committee, which then chooses whether to pass them up to the NAR board of directors for final approval.

Proposed policy change synopsis: Brokers and agents need to participate, subscribe and pay dues to at least one MLS. But brokers and agents can’t be charged fees by MLSs that they don’t wish to access and use.

Changes to NAR MLS Policies 7.42 and 7.43 would allow a broker to participate in multiple MLSs, while the broker’s agents only pay dues to the MLS(s) that they wish to access.

This is accomplished by requiring MLSs to give fee waivers to agents who are already paying subscriber dues to a different MLS (where the broker also participates). The MLS can require the waiver requesting that the broker and/or agent sign a certification of non-use.

In effect, principal brokers choose which of their offices will operate and pay dues in each respective MLS service area. Brokers participate in the MLSs their agents want to access. Agents subscribe to one or more MLSs that best fits their needs.

Intended consequences:

MLSs engage in a value-driven service model that encourages customer focus and competition, much like the environment brokers work within.

Brokers are no longer prevented by artificial geographic boundaries or financial obstacles from joining additional MLS service areas and bringing on agents who work in those markets.

Agents are no longer prevented by artificial geographic boundaries or financial obstacles from joining brokerages with the best support model for their businesses.

Questions you may have

Subscriber count could go either direction, but there likely won’t be much of a shift. Remember that this change allows brokers to join more MLSs without prohibitive costs. So some MLSs will likely see subscriber and participant counts go up. The vast majority of agents that want/use their local MLS’s services will continue to pay. This isn’t “if MLS,” but “which MLS(s).”

“What if agents try to cheat the system?”

What would be new about that? This was a bigger problem in the past with agents sharing listing books. Today, we have the luxury of software that can verify who’s logging in and using MLS services. Cheaters will always exist. We have to prioritize improving business conditions for great brokers and agents, and not let a minority of bad actors overshadow their needs.

“What if a broker from another area joins my MLS, and her agent wants to sell a property in my area? He doesn’t know my town well enough to be qualified.”

There are always unfit agents. Some are unfit to sell their own backyard.

The MLS doesn’t exist to keep agents and brokers “over there” from selling “over here.” It exists to foster greater cooperation. It is the job of brokers and agents to prove their superior knowledge and value to clients. As we’ve seen in countless consolidations, the fear of “agents coming over the hill” or “across the water” is overblown. It just doesn’t play out in any significant numbers.

“What if that broker joins my MLS, but her agent doesn’t subscribe? Does my cooperation/compensation still go to that agent if he writes a contract on my listing?”

Yes: Cooperation and compensation will continue to flow to the broker participant and, subsequently, to all of the participant’s agents. That won’t change. More brokers joining more MLSs will create an even broader broker cooperation network.

Certainty makes for healthier marketplaces. Sellers will know that even more brokers and agents will be confident in bringing buyers and not be held back by boundaries.

Agents will have certainty that compensation agreements are in place across MLSs. They’ll be confident to occasionally sell a home in another MLS (where their broker is a participant) that just happens to perfectly fit their clients’ needs best. This brings buyers and sellers together in situations that might not occur in a less cooperative environment.

Greater market exposure and certainty are created via the MLS. It’s a win for consumers and the industry.

A request to brokers and agents: Engage with your company’s leadership, your local association and your MLS’s board of directors. Let them know how this new flexibility of choice will improve your ability to do business and grow.

MLS leaders and directors: Let us know your concerns now. We’ve spent much of the past year discussing this issue with your colleagues, brokers and agents. We’ve surveyed membership for feedback. CMLS published a white paper summarizing the issue. It would be a shame to have this policy come to a vote in November without your questions being answered long before then.

MLS policy committee members, and NAR directors: Find out from the MLS’s primary customers — brokers — how they feel about this new potential policy. Ask us questions about the specific policy changes now, so we’re all on the same page in Chicago.

Take it from one of MLS modernization’s master planners, David Charron:

“The moment of truth for MLS leadership must be in understanding that much of what has gotten us here will not carry us further. Much of what we created 10 to 20 years ago is worthless. Dead. So, standing down, or worse, building walls of protectionism, in the face of such enormous change does not properly depict who we are or what we aim to be.

“Successfully innovating on our base and our business model is a tricky maneuver. We have worked so hard to get here! But our primary mission is helping brokers succeed! It’s on us to band together; be that small group that enacts the change that advances our industry.”

NAR’s November vote on MLS Policy Statements 7.42 and 7.43 will be another moment that provides clarity as to whether we’re ready to embrace this kind of change. Let’s move forward.